Draft — pending legal review. This document is provided for information only and is not legal advice.
These Terms of Sale ("Sale Terms") apply to purchases of physical goods you make through PHYZIK Shop, the marketplace within the PHYZIK app and website operated by Physique Technologies LLC ("PHYZIK," "we," "us," or "our"). By placing an order, you agree to these Sale Terms, which supplement our Terms of Service and Privacy Policy.
Marketplace model
PHYZIK Shop is a marketplace. Independent brands (each, a "Seller") list and sell their products directly to you, and each Seller is the seller of record for its products. PHYZIK facilitates the marketplace — hosting product listings, processing payment, and providing the platform — but PHYZIK is not the seller, manufacturer, or distributor of the products unless expressly stated. The contract of sale for each product is between you and the Seller.
Eligibility
You must be at least 18 years old, or the age of majority in your jurisdiction, to purchase products through PHYZIK Shop. By placing an order, you represent that you meet this requirement and that the payment method you use is yours and valid.
Products and listings
Sellers are responsible for the accuracy of their product descriptions, images, ingredients, pricing, and availability. We strive to display information accurately, but we do not warrant that listings are complete, current, or error-free. Product colors and appearance may vary from how they appear on your device. Certain products, including dietary supplements, are subject to the disclaimers in our Supplement Disclaimer.
Pricing, taxes, and shipping
Prices are shown in the listing and are set by the Seller. Applicable sales or other taxes, along with shipping and handling charges, are calculated and displayed at checkout before you confirm your order. You are responsible for paying the total order amount shown at checkout. We are not responsible for typographical or pricing errors; where a material pricing error occurs, the order may be cancelled and any payment refunded.
Payment
Payments are processed through our payment processor, Stripe. By submitting an order, you authorize the charge of the total order amount to your selected payment method. PHYZIK collects payment on behalf of the Seller and remits the Seller's share to it. We do not store your full card number on our servers.
Order acceptance
Your submission of an order is an offer to purchase. An order is accepted only when the Seller confirms it and/or ships the product; a confirmation screen or email acknowledging receipt of your order does not by itself constitute acceptance. We or the Seller may decline or cancel an order — in whole or in part — for reasons including product unavailability, suspected fraud, pricing errors, or inability to ship to your address. If your order is cancelled after payment, you will be refunded for the cancelled items.
Shipping and delivery
Shipping methods, costs, and estimated delivery times are set by the Seller and shown at checkout. Delivery estimates are not guarantees. Sellers are responsible for fulfilling and shipping orders. Title and risk of loss for products pass to you upon delivery to the carrier, unless applicable law requires otherwise.
Returns and refunds
Returns, exchanges, and refunds are governed by our Returns & Refunds Policy and the individual Seller's return policy. Refunds, where due, are issued through Stripe to your original payment method. Certain items — such as opened supplements and perishable food — may be non-returnable, as described in that policy.
Disclaimers
Products are provided by Sellers, and any product warranties are made by the Seller, not by PHYZIK. To the maximum extent permitted by law, PHYZIK disclaims all warranties relating to products sold through PHYZIK Shop, including implied warranties of merchantability and fitness for a particular purpose. Nothing in these Sale Terms limits any rights you have under applicable consumer-protection law that cannot be waived.
Limitation of liability
To the maximum extent permitted by law, PHYZIK's liability arising from your purchase through PHYZIK Shop is limited as set out in our Terms of Service. PHYZIK is not liable for the acts or omissions of Sellers or carriers, or for the quality, safety, or legality of products listed by Sellers.
Governing law
These Sale Terms are governed by the laws of [Governing law: State of __], without regard to conflict-of-law principles, and any disputes shall be resolved in the courts located in [venue: __].
Contact us
Questions about an order or these Sale Terms? Contact us at admin@phyzik.app.
Physique Technologies LLC
admin@phyzik.app
